Lexington Charter L.P. v. FBT of Tennessee INC.
Syllabus
After counsel for the plaintiff partnership filed a claim for attorney fees in the counsel's firm's own name, limited partners of the partnership sought a right of intervention to oppose the firm's claim. The trial court denied the limited partners' efforts to intervene. We reverse the trial court's conclusion that intervention was not appropriate, vacate the award giving relief to the firm, and remand the case for further proceedings with the limited partners' participation as intervening parties.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- labeling the rule as the “McHaffie rule” after the Missouri Supreme Court case, McHaffie v. Bunch, 891 S.W.2d 822 (Mo. 1995) (en banc)
- adopting the preemption rule and finding it “consistent with [Wyoming’s] comparative fault scheme”
- the nonmoving party \must present specific facts; relying on conclusory statements ... will not satisfy\ the burden to show a genuine issue of material fact
- “We have previously held that a party can only recover for a negligent failure to train or supervise if the person alleged to have been improperly trained or supervised was negligent.”
- “Under either theory, the liability of the principal is dependent on the negligence of the agent. If it is not disputed that the employee’s negligence is to be imputed to the employer, there is 14 See Wilkes & McHugh, 306 Ga. at 258 (2
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Arnold B. Goldin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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